Tennessee Statutes
§ 29-21-108 — Duty of court - Wrongful failure to grant writ
Tennessee § 29-21-108
JurisdictionTennessee
Title29
This text of Tennessee § 29-21-108 (Duty of court - Wrongful failure to grant writ) is published on Counsel Stack Legal Research, covering Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Tenn. Code Ann. § 29-21-108 (2026).
Text
(a)It is the duty of the court or judge to act upon such applications instanter.
(b)A wrongful and willful refusal to grant the writ, when properly applied for, is a misdemeanor in office, besides subjecting the judge to damages at the suit of the party aggrieved.
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Related
McLaney v. Bell
59 S.W.3d 90 (Tennessee Supreme Court, 2001)
Norton v. Everhart
895 S.W.2d 317 (Tennessee Supreme Court, 1995)
Thurmond v. Carlton
202 S.W.3d 131 (Court of Criminal Appeals of Tennessee, 2006)
Chapman v. Madison County Jail Employees
(W.D. Tennessee, 2025)
Johnny L. McGowan Jr. v. Jerry Lester, Warden
(Court of Criminal Appeals of Tennessee, 2013)
Gregory Eidson v. Lee Moore, Jr.
(Court of Appeals of Tennessee, 2005)
James M. Flinn v. Jon K. Blackwood
(Court of Appeals of Tennessee, 2011)
LeCroy-Schemel v. John Cupp, Sheriff
(Court of Appeals of Tennessee, 2000)
Lisa Arnold, an un-emancipated child, by Renate Arnold, Mother/Next-Best Friend v. Randy Kennedy
(Court of Appeals of Tennessee, 2013)
Robert Kimbrel v. State of Tennessee
(Court of Criminal Appeals of Tennessee, 2008)
Carroll v. State
(Court of Criminal Appeals of Tennessee, 1998)
Legislative History
Code 1858, § 3729; Shan., § 5509; Code 1932, § 9679a; T.C.A. (orig. ed.), § 23-1808.
Nearby Sections
15
§ 29-1-101
Application of equitable remedies§ 29-1-102
Injunction pending litigation§ 29-1-103
Receivers pending litigation§ 29-1-104
Receiver's bond§ 29-1-106
Judges granting extraordinary process§ 29-1-107
Statement as to first application§ 29-1-108
Application after refusal§ 29-1-109
Endorsement of refusal§ 29-1-110
Transmission of bill and fiat to clerk§ 29-1-111
Scope of provisions§ 29-10-101
Chapter definitions§ 29-10-103
Enforcement of chapterCite This Page — Counsel Stack
Bluebook (online)
Tennessee § 29-21-108, Counsel Stack Legal Research, https://law.counselstack.com/statute/tn/29-21-108.